Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-11-26
DE. GARRISON
Replies to DIR. Harris Regarding the state
Board al Health.

To nc Editor Of he Register.
IN reply to the communication from
the pen OF DIR. I. A. Harris, Secretary OF
the State Board OF Health" in your Issue
of tine 9th inst, have no desire to cast
an unwarranted reelection upon DIR. ii.
At the same time Ain member Of the
State Board OF Health, and charged with
the conservation Of the lie and health Of
the people OG the State, in common With
the other members OF said board. In the
discimge OF the duties incident to thIt
office | am responsible only, 10 my con-
science, to His EXcelleGCy the Governor,
and 10 the people whose interests have
been intrusted 10 my care. Whilst | ara
not less ayeIsC 10 newspaper controversy
than the worthy Secretary, l shall BIT
hesitate to appeal to the public Tor redress,
whenever lind that the rights Of th"
people, aud my rights, a. member OF
that board, are being in!ringed upon,
AFTER other reasonable efforts to Obta IN re-
dress have failed.
The question ut issue is plain one.
The law governing the case was passed III
lsST, and is found ON pagc l95, chap.
sixty-four, see. ., and reads rs follows: 1T
shall he the duty OF the County Court Ia
nominate and the State Board OF Health to
appolpt, in each OF the counties OF The
State, three intelligent and discreet per
sons residing therein, two OF whom shall
be citizens, and Que Il physician qualified
to practice medicine under the provisions
OF this chapter, and the persons so appoint
cd shall, with the president OF the County
Court and the Prosecuting Attorney Tor
the county, constitute local Boarl for the
county of their residence"
DIR. Harris has appointed local boards
for the several counties where nominations
have been made, in defiance Of "A clearly
EXPRESSED statute To the contrary. While
he delights TO refer TO himself upon all oc'
casions, rs the executive officer OF the
Board " the amended law, sec. Of chap
ter $50, STYLES him the recording officer
of the Board" and defines his duties
miuutely.
Sec. 3 oil the same chapter reads ~ fol-
lows: "The said BoaGd shall, on 4 day
fixed hy them, in every two years, elect
fron their own number, President and
Secretary, who shall hold their offices for
the term Of two years, an6 until their sue
ressors ART appointed and enter upon the
duti.S of their office. The said Board
shall he q corporation by the naine ana
style of the State Board of Health OF VEST
Virginia and have and use common
seai'' (not secretary's seal land, aS
such corporation" not the secretary
| may sue and be sue,i, co0tract and be
contracted with, plead and be impieaded,
| 10 the extent of the powers conferred upon
ssid Board" inot upon the secretary by
this chapter. Said Board may make and
aiopt all necessary, regulations and by
laws. not inconsistent with the c0uStitn-
ton and laws of this State, or OF the
| United States, TO enable it (rot the secre'
taryl Ito perform ia duties and transact
| its business under the provisions Of this
! cbapter. A Iaajorits Of said Board lno'
the secretary shall constitute quorum
for the transaction Of business. meeting
OF the Board msy be called by the fresi'
dent" mot the secretary ''or any threi
members thereof"
| IL Is lust possible that DE-. II. 10 labor
ing under the deiGslnn that the Law OF lool
is still in force, which constituted the Sec
rstary the executive officer Of the BoaIh
and empowered him TO call meetings o
the Board. Under the present law he ma
not the slightest pretense upon which Il
! jpstily his action IN making such appoint
ments. The power Of epacting laws toi
the protection a5d s0FeTnment OF IN" peo
ME is vested in the Legislature OF tbs
State, and all public oticers are bound %
An oath or affirmation Ton their faithtuieS
ecution, s. enacted, and, IN the Language
of the Constitution of this State, Anl
Idenarture therefrom, or violation thereof
luuder the plea of necessity, or any othe
Mica, is subversige of good government
and tenSs 10 snarchy and despotiSm.
In the face OF tins pr. II. pleads the IN
FAINT act says he made the pPoiHtments
because 10 was the uSSgs and custom OF ;
farmer secretary of the Board so 10 do.
| What & former secretary did under
former statute hss aethipg whatever to d.
with the present case, and esGaat be offer
ed in justification OF DE-. Harris total dis
regard for law.
Prior to the meeting of the Board q
Charleston in July did not know tina
the law had been amended by the last Leg
isture. and was therefore not acquainted
with its provisions. II had not been gen
lecally distributed. Indeed / doubt If tn
County Courts we're aware OF their duties
In this district l think not one eonati
Board had been nominated. sat that tim,
| had no reason to believe that Dr. ID
would dare attempt to override law an'
order IL the manner which he has, and a
there were no nominations presented 10
confirmation the question OF his authorit.
to appoint was not raised by NE.
DR.. H. says: III am guilty ola wronI
the Board which heretofore approved m,
course is equally So" &
Ii has not followed by any means
What the Board may or may not. have ap
proved in former times has nothing to d.
with the present case. We are acting IN